In a recent development, the Indiana Supreme Court declined to consider a landowner’s appeal in the case of State of Indiana v. The Market Place at State Road 37, LLC, et al., 22A-PL-2765 (May 17, 2023). This ruling underscores the continued lack of compensation for nearby road closures related to eminent domain proceedings in the state.
JDSupra reported on the decision issued on October 10, 2023.
The dispute was centered on whether the landowner could seek compensation for access changes caused by road closures during the course of eminent domain proceedings. Regrettably, the court chose not to explore what some considered “novel issues” raised by the owner in terms of chain of title, thereby forgoing an opportunity to provide clearer guidance on the matter.
With the court’s decision not to engage with the presented issues, the question of compensation for disruption to access routes during eminent domain activities remains largely unresolved in Indiana. This decision can cause significant inconvenience and potential monetary loss for property owners situated near active construction related to such actions.
In conclusion, considering the potential impact on industrial, commercial and residential landowners, it is essential that those affected by eminent domain proceedings and related roadway modifications seek expert legal advice to navigate the complexities of the process and protect their rights and interests.